DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
: 701 S. COURTHOUSE ROAD, SUITE 1001
\ , ARLINGTON, VA 22204-2490
\ . TIR
Docket No: 3037-12
19 March 2013
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, United
States Code, Section 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 19 March 2013. The names and votes of the
members of the panel will be furnished upon request. Your
‘allegations of error and injustice were reviewed in accordance
with administrative regulations and procedures applicable to the
proceedings of this Board. Documentary material considered by
the Board consisted of your application, together with all
material submitted in support thereof, your naval record, and
applicable statutes, regulations, and policies.
After careful and conscientious consideration of the entire
record, the Board found the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Marine Corps at age 17 and on 3 February 1953
you began a period of active duty. You served without
disciplinary incident until 12 November 1954 when you received
nonjudicial punishment (NJP) for failure to obey a lawful order.
The following month, on 16 December 1954, you were convicted by
special court-martial (SPCM) of reckless driving. About four
months later, on-27 April 1955, you were again convicted by SPCM
of sleeping on post.
On 6 February 1956 you were convicted by general court-martial
(GCM) of larceny and conspiracy to commit larceny of government
property, specifically, 10 cans of coffee valued at $142. You
were sentenced to confinement at hard labor for one year,
forfeiture of all pay and allowances, and a bad conduct discharge
(BCD). On 18 July 1956 you submitted a written request for
immediate execution of the BCD. Subsequently, the BCD was
approved at all levels of review, and on 19 November 1956 you
were so discharged.
The Board, in its review of your entire record and application
with its attachments, carefully weighed all potentially
mitigating factors, such as your desire to change the
characterization of your discharge and explanation surrounding
the circumstances regarding your discharge. Nevertheless, these
factors were not sufficient to warrant recharacterization of your
discharge because of the seriousness of your misconduct which
resulted in four disciplinary actions. Accordingly, your
application has been denied.
It is regretted that the circumstances of your case are such that
favorable action cannot be taken. You are entitled to have the
Board reconsider its decision upon submission of new and material
evidence or other matter not previously considered by the Board.
In this regard, it is important to keep in mind that a
presumption of regularity attaches to all official records.
Consequently, when applying for a correction of an official naval
record, the burden is on the applicant to demonstrate the
existence of probable material error or injustice.
Sincerely,
Lo DearS :
W. DEAN PFEIKF
Executive Di
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